12.10.2013 Views

EurasianStudies_0110..

EurasianStudies_0110..

EurasianStudies_0110..

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

January-March 2010 JOURNAL OF EURASIAN STUDIES Volume II., Issue 1.<br />

_____________________________________________________________________________________<br />

Justice<br />

The historians, who deal with the steppe people, tried to reconstruct the justice system of the Huns.<br />

Most of them realised that the provision of justice happened first at tribal level, but after the<br />

establishment of an empire, the representatives of the local decimal organisation were given power.<br />

Analogously with some historical people in Inner Asia, we can assume that the fundament of the judicial<br />

system was the local custom (Mongolian yosun). As we can see from the Chinese historical sources, a<br />

central code existed in the Hunnic Empire, which was valid all over the empire. 58 The Shi Ji chronicle,<br />

then the later Chinese sources recorded some “brutal” acts regarding Huns, because those legal customs<br />

were unknown for them. The Shi Ji noticed that Hun statutes are easy to keep with, so in their view, the<br />

governmental deeds are very easy for the Huns. 59<br />

The 110th chapter of the Shi Ji recorded some Hunnic statutes as the following: “Regarding the Hun<br />

statutes, the man who pulls his sword from sheath in peaceful periods more than half sing, is sentenced<br />

to death. Who is condemned for theft, all his property will be expropriated. Custodial sentences of minor<br />

crimes included the crushing of the ankle-bone. Those who committed serious crimes were always<br />

sentenced to death. Nobody was imprisoned for longer, than 10 days, and no more than a handful of<br />

people were incarcerated in the whole empire.” 60<br />

As we can see from above, in case of theft, serious crimes, the judges sentenced to death the guilty<br />

persons; this legal practice and the philosophy of the punishment is quite similar to the later Mongolian<br />

Code, Jasag, which is based on the local custom, too. Probably, the nomadic lifestyle of the steppe<br />

empires is not consistent with the practise of imprisonment, and they favoured quick decision: the guilty<br />

has to be executed or he had to compensate the victim directly.<br />

In the early period, the head of the Judge was the Hun shanyu or danhu. According to the sources,<br />

the eastern wing of the Empire, the Hu-yan, and the western one the Xu-Bu tribe led the justice. The<br />

Shanyu orally appointed them and often controlled their work, and in some cases the shanyu judged. 61<br />

In the administration the leader (wang) of the wings was responsible for this task. In the course time, the<br />

shanyu transferred these tasks to reliable officers or relatives, so in the decades of the 1 st century AD, an<br />

independent justice chief was established. The Japanese Yamada thinks that originally the head of the<br />

tribe worked as judge, which is underscored by the above mentioned sources, but he refers to<br />

Hou-Han-shu, where the leading clans (Hu-yan, Xubu and Lan) took part in judicial activities among the<br />

Southern Huns. 62 Regarding the Hu-yan name, Katalin Csornai has found an interesting data. The old<br />

Chinese pronunciation of that is similar to the old Hungarian title, horka, which was the leading judge<br />

among Hungarians. 63 Hungarian scholars related that word to a Turkic one, but it is likely to be an<br />

58 Boldbaatar, 1997. 19, Yamada, 1989. 301.<br />

59 Shi Ji 110.<br />

60 Shi Ji. 110.<br />

61 Boldbaatar, 1997. 20.<br />

62 Yamada, 1989. 301.<br />

63 Csornai, 2007. 368.<br />

_____________________________________________________________________________________<br />

© Copyright Mikes International 2001-2010 65

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!